Is it permissible to transfer a deceased from the grave in which he was buried to another grave due to a necessity?

One of the ways in which Allah Almighty has honored human beings and distinguished them from all other creatures is by ordaining burial for them after death, providing them with a grave to conceal and protect their bodies. This preserves their dignity by ensuring that the smell of decomposition does not spread and that their bodies are not devoured by wild animals or birds of prey, stolen by thieves, or subjected to violation by aggressors. Allah Almighty says, “From the earth We created you, and into it We will return you, and from it We will extract you another time” (Quran, 20:55), “Have We not made the earth a container of the living and the dead” (Quran, 77:25-26), and “Then He causes his death and provides a grave for him” (Quran, 80:21).

 

Relocating the remains of a deceased person from one grave to another for a necessity

The established principle is that exhuming a grave before the body has decomposed is prohibited, except in cases of necessity, an unforeseen need, or an interest recognized by Islamic law. If any of the above circumstances arise and cannot be addressed without exhuming the remains of the deceased and relocating them to another grave, such relocation is permissible.

It is likewise permissible to exhume the remains of a deceased person and relocate them to another grave when any of the above circumstances arise, such as when the deceased was not buried facing the direction of the prayer; was buried without having been washed or shrouded; was buried in a usurped plot or in a usurped shroud; money has fallen into the grave; there is a risk that water may damage the grave; or a public interest that can be served only by relocating the remains, such as when a new road must be paved, the course of a river must be diverted, or when other similar circumstances arise.[1]

It is essential to handle and relocate the body of a deceased person, or what remains of it, with respect because the inviolability of a Muslim remains unchanged after death.  Accordingly, every possible measure should be taken to safeguard the remains and keep them concealed during exhumation and relocation. Furthermore, the remains should be handled with care and reburied in accordance with Islamic law.

The basis of the permissibility of exhuming and relocating a deceased person is the hadith reported by Jabir ibn Abdullah (may Allah be pleased with them both) who said, “The Messenger of Allah (peace and blessings be upon him) came to the grave of ‘Abdullah ibn Ubayy after he had been placed in it and ordered that he be brought out. He placed him on his knees, blew upon him, and clothed him in his own shirt. Allah knows best. It is said that he had previously given al-Abbas a shirt. Sufyan said, ‘Abu Harun said that the Messenger of Allah (peace and blessings be upon him) was wearing two shirts. Abdullah’s son told him, ‘O Messenger of Allah, clothe my father in the shirt that is closes to your skin.’ Sufyan added, ‘“They believe that the Prophet (peace and blessings be upon him) clothed Abdullah in his own shirt as a reward for what he had done’” (recorded by al-Bukhari and Muslim, in al-Bukhari’s wording).

In another hadith Jabir (may Allah be pleased with him) reported, “When the battle of Uhud approached, my father called me during the night and said, ‘I have a feeling that I will be among the first of the Prophet’s Companions to be killed. I leave behind no one dearer to me than you, except the Messenger of Allah (peace and blessings be upon him) himself. I owe a debt, so settle it on my behalf and take good care of your sisters.’ The next morning, the battle took place and my father was the first to fall in the battle. Another man was buried with him in the same grave. I could not bear to leave him buried with another, so I dug him up six months later and found him just as he had been on that day, except for a slight change around his ear” (recorded by Al-Bukhari). Imam al-Bukhari included these hadiths in his Sahih under the heading “Whether the deceased may be exhumed from the grave and the lateral burial niche for a valid reason.”[2]

Maliki jurists have adopted a broad approach to the permissibility of relocating the deceased. According to them, the deceased may be transferred from his grave to another place from which blessings are hoped, to be buried with family members, or to a grave closer to his family so they could visit him more easily. All of this, however, is contingent upon handling the deceased with respect, preserving his sanctity, and ensuring that the relocation serves a recognized interest.[3]

The Hanbalis likewise permit the exhumation of a grave for a legitimate reason, such as improving the quality of the deceased’s shroud; moving the remains to a better burial place, such as one near a righteous person whose blessings may benefit the deceased; or giving the deceased a separate grave rather than leaving him buried with another person.[4]

 

The ruling

In principle, exhuming the body of a deceased person and relocating it to another place is prohibited, except in cases of necessity, need, or an interest recognized by Islamic law. When a necessity, need, or recognized interest arises that cannot be addressed without relocating the body from its grave, such relocation becomes permissible, provided that the body is treated with respect and its sanctity preserved throughout the process. The body must not be transferred in a manner that subjects the deceased to indignity, and every possible means should be taken to preserve the body, or whatever remains of it, while keeping it covered, and handling it with care. In addition, the body should not be exhumed and transferred without obtaining the necessary authorization from the competent authorities and complying with all applicable laws and regulations governing the procedure.

And Allah Almighty knows best.